Research Handbook on Environment and Investment Law
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Research Handbook on Environment and Investment Law

Edited by Kate Miles

The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
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Chapter 6: International investment law and biodiversity

Anastasia Telesetsky


This chapter examines five thematic connections between investment law and biodiversity. The first section of the chapter explores how law might shape future investments in emerging biodiversity reliant industries such as global biotech. The second section describes the potential investment implications of States creating protected areas as a strategy to conserve biodiversity. The third section introduces the emerging legal practice of developing access and benefit-sharing agreements as a mechanism for international and domestic investors to formally invest in communities that have been historical stewards for  biological resources. The fourth section explores private investment in biodiversity protection.    The final section offers three recommendations to provide for better biodiversity management and  more accountable international investment: (1) prioritize designating protected areas before approving investment;  (2) create institutional review mechanisms that provide for a formal review of proposed international investment proposals by environmental ministries before final approval by national investment agencies; and (3) implement investment risk assessment requirements for companies to document how their investments will be implemented to avoid undermining public interests such as biodiversity protection.

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